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(영문) 인천지방법원 2017.07.20 2017고단3829
현존건조물방화예비
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who runs the Smarket in Bupyeong-gu Incheon Metropolitan City, called “D”, was dissatisfied with the nameless business owner, who operated the Smarket in Bupyeong-gu, Incheon Metropolitan City, which is the neighboring of the Smarket, returned his tobacco sales right to the competent authorities and continuously sold tobacco.

In addition to the above issue of tobacco sales right, in a state that the Defendant lacks the ability to discern things or make decisions by spreading a new disease due to shock and economic distress caused by the old suicide of the mother, the Defendant prepared 8 butane gas transit, 6, 4, 1, 1, and 1, and 3, such as the victim G, into the “F Et” where three persons, such as the victim G, are removed, and opened the softening gas tank and the softening gas tank into the construction site, and opened the oil tank to the “D” operated by the Defendant at around April 5, 2016, and opened the oil tank to the bottom of the construction site, thereby spreading the inflammable oil through the oil tank, thereby leaving the oil tank into the bottom of the construction site.

“The police officer sent to the police upon the report was arrested.”

Accordingly, the defendant was prepared for the purpose of setting fire to a building in which people exist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A photograph of the damaged scene;

1. Application of Acts and subordinate statutes to a report on investigation (the counter-investigation of a wooden shooting range);

1. Articles 175 and 164 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act (an offence for which the sentencing guideline is not set, an applicable sentence: imprisonment of two years and six months or less), considering the victim’s not to be punished, the closure of the F Mart at the time of the instant case, the characteristics of the crime committed, etc., it shall be limited to a time rather than detention and isolation.

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